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STRATA LIVING

When owners vote against a repair in dire need 0

By Tony Gioventu, 24 hours

Dear Tony: 

Our strata corporation has tried three times this last year to pass a special levy for the replacement of our roofing. We are an older building and do not have significant reserves in the bank to pay for the roof, so we are forced to have a levy that will cost each owner about $4,000.

One person always shows up with at least 35 proxies to vote against the resolution, so of the 100 units, we don’t stand a chance of ever getting the resolution passed.

We are now facing damages to the top-floor units and the common property that will certainly have a significant impact on our costs.

We were told by our lawyer that we may have to make an application to the courts for the appointment of an administrator.

Between the time delays and costs, this is going to place our strata corporation in even greater jeopardy.

Are there any other options?

Gillian Lindquist, Vancouver  


Dear Gillian:

The strata corporation has a few options and, as of last week, a new option that will make the repair process for strata corporations an easier process in the face of opposition.

What most owners who oppose repairs don’t seem to understand is that the work has to be done and the strata will eventually be forced into the work, either through the appointment of an administrator, who will manage the resolution and court process, or through an application for a Tadeson Order, which is a process named after a case that was as a result of a court order for a repair.

All of these costs are excessive and often unnecessary, especially when a strata corporation is dealing with a failing building component that is certainly going to result in higher costs and damages.

Last week, a new regulation was passed that brought into effect Section 173 (2) of the Strata Property Act, that now allows a strata corporation to go to court for an order for approval of the three-quarters vote, if majority of the owners at the meeting were in favour of the repair.

It is not a perfect solution, but it does provide a much easier option to the corporation to resolve the matter.

The B.C. government is asking for input as it seeks improvements to the regulatory model for Home Inspectors in the province.

The public is being invited to complete a short online survey, so that the government can hear directly from consumers about their experience with home inspections, and their suggestions for ways to improve the system.

The survey can be accessed at http://fluidsurveys.com/s/HIP/. It will be available online until Dec. 20, 2013.

Sincerely,

Tony Gioventu, Executive Director

Condominium Home Owners' Association (CHOA)

Website: choa.bc.ca

 

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